DHANAKEERTHIAH Vs. VLMALAPPA

JUDGEMENT

(1.) The suit instituted by the plaintiff for the recovery of mesne profits for three years has been dismissed by the trial Court and that decision has been affirmed by the appellate Court on the sole ground that the claim made by the plaintiff is barred by the provisions of Or.2, R.2 CPC.

(2.) The plaintiff filed the suit on the 7th of September 1962 against the defendant in OS.1107/62 on the file ,of the Munsiff of Mandya, claiming 1/4th share in the suit schedule properties. A preliminary decree was passed and in Exn. Case No. 1311 of 1965 on the file of the Munsiff of Mandya the plaintiff obtained possession through the Deputy Commissioner on the 29th day of August 1965. The plaintiff, thereafter, instituted the present suit OS. 1386/65"on the file of the Munsiff of Mandya for the recovery of mesne profits due to him for the period between 7-9-1962 and 29-8-1965. It was stated that the claim would be larger but he has confined his claim to only Rs. 1,000.

(3.) The defendant raised various pleas and the first was one relating to the competence of the Court to entertain the second suit.